[1]
Editor’s Note: Ordinance No. 2007-4, adopted 4-24-2007, which includes stormwater management regulations for the Trout/Bertsch Creeks Watershed and Hokendauqua Creek Watershed, is included in Ch. 139.
The Board of Supervisors of Lehigh Township, Northampton County, finds that:
A. 
Inadequate management of accelerated runoff of stormwater resulting from development throughout a watershed increases flood flows and velocities, contributes to erosion and sedimentation, overtaxes the carrying capacity of streams and storm sewers, greatly increases the cost of public facilities to carry and control stormwater, undermines floodplain management and flood control efforts in downstream communities, reduces groundwater recharge, and threatens public health and safety.
B. 
A comprehensive program of stormwater management, including reasonable regulation of development and activities causing accelerated erosion, is fundamental to the public health, safety and welfare and the protection of the people of Lehigh Township and all the people of the commonwealth, their resources and the environment.
The purpose of this chapter is to promote the public health, safety and welfare within Lehigh Township by minimizing the damages described in § 138-1A of this chapter by enacting provisions designed to:
A. 
Control accelerated runoff and erosion and sedimentation problems at their source by regulating activities which cause such problems.
B. 
Utilize and preserve the desirable existing natural drainage systems.
C. 
Encourage recharge of groundwaters where appropriate.
D. 
Maintain the existing flows and quality of streams and watercourses in Lehigh Township and the Commonwealth of Pennsylvania.
E. 
Preserve and restore the flood carrying capacity of streams.
F. 
Provide for proper maintenance of all permanent stormwater management structures which are constructed in Lehigh Township.
The Township is empowered to regulate these activities by the authority of the Act of October 4, 1978, P.L. 864 (Act 167), the "Storm Water Management Act," and the Act of the 1968 General Assembly No. 247, the "Pennsylvania Municipalities Planning Code."[1]
[1]
Editor's Note: See 32 P.S. § 680.1 et seq. and 53 P.S. § 10101 et seq., respectively.
A. 
This chapter shall apply to the entire Township.
B. 
This chapter shall only apply to permanent stormwater management facilities constructed as part of any of the activities listed in this section. Stormwater management and erosion and sedimentation control during construction involved with any of these activities are specifically not regulated by this chapter, but shall continue to be regulated under existing laws and ordinances.
C. 
The following activities are defined as regulated activities and shall be regulated by this chapter, except those which meet the waiver specifications presented thereafter:
(1) 
Land development.
(2) 
Subdivision.
(3) 
Construction of new or additional impervious surfaces (driveways, parking lots, etc.).
(4) 
Construction of new buildings or additions to existing buildings.
(5) 
Diversion or piping of any natural or man-made stream channel.
(6) 
Installation of stormwater systems or appurtenances thereto.
D. 
Any proposed regulated activity, except those defined in § 138-4C(5) and (6), which shall create 10,000 square feet or less of additional impervious cover shall be exempt from meeting the provisions of this chapter. Development plans qualifying for this waiver would still be regulated by Section 13 of the Pennsylvania Storm Water Management Act[1] and other municipal ordinance provisions, as applicable. For development taking place in stages, the entire development plan must be used in determining conformance with this criteria. Additional impervious cover shall include, but not be limited to, any roof, parking or driveway areas and any new streets and sidewalks constructed as part of or for the proposed regulated activity. Any areas which may be designed to initially be semipervious (e.g., gravel, crushed stone, porous pavement, etc.) shall be considered impervious areas for the purpose of waiver evaluation. No waiver shall be provided for regulated activities as defined in § 138-4C(5) and (6).
[1]
Editor's Note: See 32 P.S. § 680.1 et seq.